Karnataka High Court
Smt. T.K. Sandhya @ Vidhyashree vs Sri. Shivakumar. K on 17 January, 2020
Author: R Devdas
Bench: R Devdas
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF JANUARY, 2020
BEFORE
THE HON' BLE MR.JUSTICE R DEVDAS
CIVIL PETITION NO.45 OF 2018
BETWEEN
SMT. T.K. SANDHYA @ VIDHYASHREE
W/O SHIVAKUMAR
PRESENTLY R/A CHOWDESHWARI BEEDI
BEHIND KAMBADA BEEDI
TARIKERE, TARIKERE TALUK
CHIKKAMAGALURU DISTRICT-577 228.
...PETITIONER
(BY SRI G. LAKSHMEESH RAO, ADVOCATE)
AND
SRI. SHIVAKUMAR K
S/O KENCHAPPA S
AGED ABOUT 32 YEARS
PRESENTLY R/A HALE TALUK OFFICE ROAD
KANCHINABAGILU, BHADRAVATHI
BHADRAVATHI TALUK
SHIVAMOGGA DISTRICT-577 301.
...RESPONDENT
THIS CIVIL PETITION IS FILED UNDER SECTION 24
OF CPC., PRAYING TO TRANSFER M.C.NO. 87/2017 FILED
BY THE RESPONDENT AGAINST THE PETITIONER BEFORE
THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC,
BHADRAVATHI TO THE COURT OF SENIOR CIVIL JUDGE
AND JMFC AT TARIKERE, CHIKKAMAGALURU DISTRICT
FOR TRIAL AND DISPOSAL IN THE INTEREST OF JUSTICE.
THIS CIVIL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
R. DEVDAS J., (ORAL):
This petition is filed under Section 24 of the Code of Civil Procedure seeking transfer of M.C.No.87/2017 pending from the file of the Principal Senior Civil Judge and JMFC, Bhadravathi to the Court of the Senior Civil Judge and JMFC at Tarikere, Chikkamagaluru District.
2. Learned counsel for the petitioner submits that because of the ill-treatment meted out by the respondent and his family members to the petitioner, the petitioner had to leave the matrimonial home and is now residing in her parental home at Tarikere, since 2016. It is also submitted that the petitioner has filed Criminal Miscellaneous Petition in Crl.Misc.No.374/2017, which is pending consideration before the Civil Judge and JMFC at Tarikere, Chikkamagaluru District. Learned counsel submits that the petitioner is without means and the respondent has failed to pay maintenance to the petitioner and she will not be able to travel out of her -3- village to Bhadravathi to attend to the matrimonial case in M.C.No.87/2018 filed by the respondent. Moreover, it is submitted that the respondent himself is working at Bengaluru and he has to travel to Bhadravathi, in any case, even to attend to the matrimonial case that he has filed. It is therefore submitted that it must not be difficult for the respondent to travel to Tarikere instead of Bhadravathi and proceed with the matter.
3. Learned counsel for the respondent submits that the respondent is not working at Bengaluru even now. Learned counsel further submits that the respondent has shifted to his native place to take care of his mother. Learned counsel for the respondent submits that the respondent has to take care of his aged mother and therefore, he may not be able to travel from Bhadravathi to Tarikere.
4. Heard the learned counsels on both the side and perused the petition papers.
5. As directed by the Hon'ble Supreme Court in the case of Sumita Singh Vs. Kumar Sanjay and -4- Another, reported in AIR 2002 SC 396, in matrimonial matters, the Courts have to consider the convenience of the wife. Taking the overall facts and circumstances of the case, this Court is of the considered opinion that the petition is required to be allowed. Since, the distance between Bhadravathi and Tarikere is about 18 k.m., it will not be difficult for the respondent to attend to the Court proceedings at Tarikere and return. The apprehension expressed by the learned counsel for the respondent that if the respondent goes to Tarikere, the relatives of the petitioner would harass him and they have already threatened the respondent, is allayed by the learned counsel for the petitioner by stating that after the death of the respondent's father, at the instance of the well wishers, the petitioner had in fact stayed for some time in the matrimonial house. In that case, it is highly improbable that the petitioner or her well wishers would threaten or do anything untoward to the respondent. Nevertheless, the submission of the learned counsels are placed on record. -5-
6. As a result the petition is allowed. The Matrimonial case in M.C.No.87/2017 stands transferred from the Court of the Principal Senior Civil Judge and JMFC at Bhadravathi to the Court of the Senior Civil Judge and JMFC at Tarikere, Chikkamagaluru District.
Sd/-
JUDGE DL